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The substance of this Manual begins with a summary checklist of divisible or potentially divisible assets. The pages after the checklist then discuss each item which appears on it. The summary checklist references the page on which each individual type of asset is discussed.
Since this Manual focuses upon unusual types of marital assets, assets which are generally accepted as divisible receive minimal discussion. Assets which may or may not be divisible, but which have been discussed extensively in other sources, also receive minimal discussion. For example, retirement benefits and goodwill fall into this category. The Manual fully discusses those unusual types of assets which have not been generally considered in other available sources.
This Manual uses the term "divisible property" or "divisible asset" to mean an asset which the court is permitted to divide that is, an asset which meets the legal definition of the term "property." In the minority of states which follow the all property division system, which gives the court power to divide any "property" owned by either party, the court has power to divide any asset defined as "divisible" in this Manual. In the majority of states which follow the dual classification division system, "divisible property" can actually be divided only if it also meets the relevant statutory definition of "marital property." This Manual will make various side notes on the marital/separate property issue, but its primary focus is upon which assets do and do not constitute "divisible property."
National Legal Research Group, Inc.
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